This is the shocking moment a patient recorded himself allegedly being sexually assaulted by a male nurse as he lay in a hospital bed in Florida.

The 38-year-old man, who does not wish to be identified, was taken to Palm Springs Hospital in Hiaeleah, Miami-Dade County, on September 15 after suffering from severe back pain.

But as he lay heavily sedated on a bed, he was allegedly molested twice by ER technician Rene Martinez. The second time, he had his cell phone video running, propped up on his shoulder.

Footage, obtained by Local10, appears to show 51-year-old Martinez entering the room, before sliding his hand into his patient's boxers and fondling his genitalia. He then leaves the room.

'I was like, "What's going on?" and he was like, "I was just checking to make sure you're OK." That's when I say, "OK this guy is up to something", said the patient, referring to the first alleged assault.

'He [then] came back, put his hand in my boxers, pulled out my private parts and started playing with it, and I was rolling on him doing it the second time.'

The victim, who did not call for help at the time because he was 'too scared' and 'drowsy' from painkillers, added: 'It has caused me a lot of damage. I haven’t been the same since it happened.'

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Shocking: This is the moment ER technician Rene Martinez, 51, allegedly sexually assaulted a 38-year-old patient as he lay in a bed at Palm Springs Hospital in Hiaeleah, Miami-Dade County, Florida, in September

Sneaky: Footage, appears to show Martinez entering the room, before sliding his hand into the man's boxers

Horrific: The nurse then seemingly fondles the victim's genitalia - pictured, blurred out - and leaves the room

The next day, the patient, cited in legal documents as 'John Doe', complained to the hospital. But he waited two weeks to go to the police, having been traumatized by sex abuse as a child.

Following his complaint, Martinez was arrested and charged with two counts each of simple battery and an unnatural lascivious act. He denies all charges.

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On Monday, the patient's attorney, Jeffrey Herman, filed a multimillion-dollar lawsuit against the South Florida-based hospital, alleging that his client was not protected from sexual assault.

In the lawsuit, Mr Herman claims the patient was told by Martinez that he could 'make good money' by showing his private parts at a hotel the nurse's friend owned.

Alleged assault: During the second 'attack', the patient had his phone video running, propped on his shoulder

On video: 'I was like, "What's going on?" and he was like, "I was just checking to make sure you're OK." That's when I say, "OK this guy is up to something", said the patient, referring to the first alleged molestation

Leaving: 'He [then] came back, put his hand in my boxers, pulled out my private parts and started playing with it, and I was rolling on him doing it the second time,' the man added. Above, Martinez leaves the room

'I could make a hundred dollars or more showing my private part,' the patient wrote in the report. 'He kept coming into the room trying to convince me.'

Mr Herman added: 'My client was unable to defend himself, but he was able to get his phone out, so when it happened again, my client was able to get a video recording.'

According to the report, Martinez's phone's browser history showed visits to explicit male websites.

Interview: The victim (pictured speaking to TV crews, but not revealing his identity, said he was 'too scared' and 'drowsy' from painkillers to call for help at the time of the alleged assault in Florida on September 15

Lawsuit: On Monday, the patient's attorney, Jeffrey Herman, filed a multimillion-dollar lawsuit (pictured) against the hospital, alleging that his client - referred to as 'John Doe' - was not protected from sexual assault

Speaking to CBS4, Martinez's lawyer, Sabino Jauregui, said he will fight the charges and accused the alleged victim of being a 'convicted felon with a long history'.

Pam Springs's CEO, Vilma Gliberman, said the hospital would not comment on the allegations.

It is unknown whether Martinez is still employed there, according toCBS4 News.

The nurse is due to appear in court in January. If convicted, he could face up to one year in prison.

Hospital: Pam Springs's CEO, Vilma Gliberman, said the hospital would not comment on the allegations